NCDRC

NCDRC

RP/3421/2016

RAM MEHAR SINGH - Complainant(s)

Versus

SDO, UHBVN LTD. & ANR. - Opp.Party(s)

MR. SANJAY MALIK

02 Jan 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3421 OF 2016
 
(Against the Order dated 17/08/2016 in Appeal No. 702/2016 of the State Commission Haryana)
1. RAM MEHAR SINGH
S/O. SH. CHHOTU RAM, R/O. VILLAGE KHANPUR KALAN, TEHSIL GOHANA,
DISTRICT-SONEPAT
HARYANA.
...........Petitioner(s)
Versus 
1. SDO, UHBVN LTD. & ANR.
SUB DIVISION GOHANA,
DISTRICT-SONEPAT
HARYANA
2. XEN, UHBVN LTD.
SUB DIVISION GOHANA
DISTRICT-SONEPAT
HARYANA.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Sanjay Malik, Advocate
For the Respondent :

Dated : 02 Jan 2017
ORDER

JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)      

1.      The petitioner/complainant obtained an electricity connection from the respondent UHBVN Ltd.  The case of the complainant is that despite his paying the dues, the meter was disconnected by the respondent.  Being aggrieved, he approached the concerned District Forum by way of a consumer complaint. 

2.      The complaint was resisted by the respondent primarily on the ground that the bills were issued to the complainant on average basis as the meter was defective.  The bills were corrected on 04.01.2010 and an amount of Rs.7265/- which the complainant had paid was adjusted. This is also the case of the respondent that the complainant/petitioner is a defaulter since 02.02.2007.  It was also stated in the written version filed by the OP that electricity supply to the complainant had been permanently disconnected on 20.12.2012 on account of non-payment of dues. 

3.      The District Forum vide its order dated 18.06.2015, dismissed the complaint.  Being aggrieved, the petitioner approached the concerned State Commission by way of an appeal.  The said appeal also having been dismissed vide impugned order dated 17.08.2016, he is before this Commission by way of this revision petition. 

4.      Both the fora below have returned the finding of fact that the complainant was in arrears of dues amounting to more than Rs.32,000/-.  They have also held that in fact the matter was more than 12 years old.  The finding of fact returned by the fora below cannot be interfered with by this Commission in exercise of its revisional jurisdiction unless it is shown to be perverse.  A perusal of the order passed by the District Forum would show that the meter of the complainant had stopped working prior to 07.10.1998.  He submitted an application seeking replacement of the meter but since the meter was not replaced, he deposited the bill for the period from 1998 to 2007 on average basis.  After making an application in the year 1998 for replacement of the meter, the complainant was silent for ten years and kept on making payment on average basis.  After ten years, he submitted an application on 09.10.2008.  At that time, the payment of Rs.7265/- which the complainant had made was adjusted in his account.  Since he failed to make the balance payment, the meter was removed on 20.12.2012.  Thus, as per the record, the complainant/petitioner did not pay electricity charges from 02.02.2007 to 20.12.2012. The connection installed in the premises of the complainant/petitioner therefore, was rightly disconnected by the respondent.  No case of deficiency on the part of the respondent in rendering service to the petitioner/complainant is made out.  The revision petition being devoid of any merits, is dismissed with no order as to costs.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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